IDEAS home Printed from https://ideas.repec.org/
MyIDEAS: Log in (now much improved!) to save this paper

[WTO Case Review Series No.20] United States—Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (DS381/RW): The notion of "calibration" and legitimate regulatory distinctions under Article 2.1 of the TBT Agreement (Japanese)

Listed author(s):
  • NAIKI Yoshiko
Registered author(s):

    This paper examines US-Tuna II , one of the disputes called a trilogy of the cases (along with US-Clove Cigarettes and US-COOL ) under the Word Trade Organization (WTO)'s Agreement on Technical Barriers to Trade (hereinafter "TBT Agreement"). This case was Article 21.5 (compliance) proceeding under the WTO's Dispute Settlement Understanding, addressing a question whether the United States was compliant with the findings made in the original proceeding. A major issue in this proceeding was whether the regulatory distinctions under the U.S. labelling scheme were "calibrated" to the differences in risks to dolphins among different fisheries under Article 2.1 of the TBT Agreement. This paper analyzes the treatment of the "calibration" notion under this proceeding. However, the compliance panel did not properly apply this "calibration" notion, thus, the dispute was not settled under this proceeding. Currently, the second Article 21.5 proceeding is ongoing.

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

    File URL: http://www.rieti.go.jp/jp/publications/pdp/17p024.pdf
    Download Restriction: no

    Paper provided by Research Institute of Economy, Trade and Industry (RIETI) in its series Policy Discussion Papers (Japanese) with number 17024.

    as
    in new window

    Length: 33 pages
    Date of creation: Aug 2017
    Handle: RePEc:eti:rpdpjp:17024
    Contact details of provider: Postal:
    11th floor, Annex, Ministry of Economy, Trade and Industry (METI) 1-3-1, Kasumigaseki Chiyoda-ku, Tokyo, 100-8901

    Phone: +81-3-3501-1363
    Fax: +81-3-3501-8577
    Web page: http://www.rieti.go.jp/
    Email:


    More information through EDIRC

    No references listed on IDEAS
    You can help add them by filling out this form.

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    When requesting a correction, please mention this item's handle: RePEc:eti:rpdpjp:17024. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (NUKATANI Sorahiko)

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.